STATEN ISLAND, N.Y. -- A lawsuit has been dropped against a popular West Brighton eatery and the Mets stemming from a fatal hit-and-run incident two years ago in which a grandmother was mowed down by a driver the victim's family alleged had been drinking.

"There was not enough evidence to keep them in," said Eric Richman, the lawyer for the family of the victim, Clara Almazo, referring to Nurnberger Bierhaus, the Mets, and Aramark Sports and Entertainment, which handles food and alcohol service at the Mets Citi Field.

The lawsuit, filed in Manhattan state Supreme Court, alleged that Brian McGurk, the driver, had been drinking at the Mets' afternoon home opener on April 5, 2012, and later imbibed at Nurnberger, a German-themed restaurant and bar.

At about 9:50 p.m. that night, McGurk fatally struck Ms. Almazo on Cary Avenue and Elizabeth Street, West Brighton, as she returned home from a Holy Thursday church service with her 8-year-old grandson, said authorities.

In a recent posting on its Facebook page, Nurnberger, called the lawsuit "frivolous" and thanked its friends and customers for their support.